OMBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, I intend to dispose of CRR- 2803-2013, titled 'Ombir and others vs. State of Haryana' and CRR- 3658-2013, titled 'Randeep and others vs. State of Haryana and others', as these revisions have arisen from the order dated 06.08.2013 passed by learned Additional Sessions Judge, Panchkula whereby petitioners in CRR-2803-2013 have been charge-sheeted under Sections 196, 211 and 120-B of the Indian Penal Code (in short 'IPC') in a case FIR No.152, registered at Police Station Chandimandir, under Sections 307, 120-B, 182, 196, 201 and 211 'IPC'. CRR-3658-2013 has been filed challenging the impugned order to the extent the trial Court discharged the accused under Sections 307, 182, 201 'IPC' and 25 of Arms Act.

(2.) For convenience, facts are being taken from CRR-2803- 2013, titled 'Ombir and others vs. State of Haryana'. Relevant facts in brief are to the effect that on 31.07.2011, Inspector Jangsher Singh, S.H.O., Police Station Chandimandir received a message from control room through VC that bullet had been fired near Tangri river at some distance from village Bataur. He rushed to the spot along with other police officials and came to know that some persons sitting in Alto Car had fired bullet upon Guni Parkash, leader of Farmers Union and injured were taken to General Hospital, Sector-6, Panchkula. Upon this, the police party reached there and recorded statement of injured who disclosed that when he was going to his sister's house on a motor-cycle, Randeep, Ashok, Soni and another boy fired at him by suddenly parking the car. On the basis of statement of injured and as per opinion of doctor, an FIR was registered under Sections 307 'IPC' and 25/54/59 of Arms Act. Investigation was set into motion. During investigation, it transpired that case under Sections 420 and 506 'IPC' was pending against injured at Police Station Pundri, District Kaithal.

(3.) The injured in connivance with his friends Sukhbir and Ombir got fired upon himself in order to put pressure upon Randeep etc. for compromise in the case registered against him under Sections 420 and 506 'IPC'. Accordingly, the accused persons were arrested. After completion of investigation, challan was presented and accused persons were sent to the Court to face trial for the commission of offences punishable under Sections 182, 196, 201, 211, 307, 120-B 'IPC' and 25/54/59 of Arms Act. The trial Court, on finding a prima facie case against all the petitioners, framed the charge under Sections 196, 211 and 120-B 'IPC' but discharged them qua the remaining offences. Hence, both these revisions. I have heard learned counsel for the parties and perused the record.